December 19, 2015 · 9 Comments
Edgar Co., IL. (ECWd) –
The Crosswind Runway Project that the Edgar County Airport completed back in 2012, was approved and constructed in violation of state law.
The General County Airport and Landing Field Act, 620 ILCS 40, is the enabling statute for the Edgar County Airport.
In order to use land for the expansion of airport landing fields, the Act requires said land to be zoned for airport purposes. Edgar County does not have zoning.
The second paragraph in Section 1 of the Act states:
No land may be used for the expansion of airport landing fields until it has been zoned for airport purposes by the county or municipality having the zoning power over such land, as the case may be.
I suspect this will become an issue with past construction projects at the airport, and in future and pending airport projects.
From Day 1 we have continued to express the need for local public bodies to follow the law, not simply follow “how they have always done it”, because violating the law in order to accomplish things always comes back to bite, it is only a matter of time.
Edgar County does not have zoning. Edgar County cannot use land to expand airport landing fields. Period.
Any grants or loans they may have received in the past for such projects are subject to cancelation and repayment. The Illinois Department of Transportation, Division of Aeronautics, has the power to enforce Illinois Law in pertaining to aviation, such as the General County Airport and Landing Field Act:
20 ILCS 2705/2705-100. Aeronautics; transfer from Department of Aeronautics. The Department has the power to exercise, administer, and enforce, through a Division of Aeronautics, all rights, powers, and duties vested in the Department of Aeronautics by the Illinois Aeronautics Act. The Department has the power to regulate and supervise aeronautics in this State and to administer and enforce all laws of this State pertaining to aeronautics.
2016 will prove to be another exciting year.
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